PG doctors plea against compulsory one-year urban service: Karnataka HC asks State not to insist service of appellants till November 10

The Karnataka High Court on Friday directed the state government to refrain from requiring 281 postgraduate doctors to carry out compulsory urban service as envisaged under Section 4 of the Karnataka Compulsory Training Service By Candidates Completed Medical Courses Act, 2012 (KCS Act)..A Division Bench of Justice BV Nagarathna and Justice NS Sanjay Gowda further clarified that the said arrangement would be in place only till November 10. ."In view of there being delay of 176 days in filing the appeal, on the request made by the learned Additional Advocate General to file objections to the said application as well as to the other applications, we permit the State to file their objections on or before 10.11.2020. Till then, the respondents-State not to insist upon the appellants in this appeal only to join their respective places for the purpose of carrying out the service in terms of Section 4 of the Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, 2012."Karnataka High Court.The Court, however, declined to stay the Section 4 of the KCS Act, which mandates compulsory urban service for PG doctors for a period of one year, as well as the Single Bench judgment upholding the same in 2019..During the course of the hearing, the Bench orally opined,"Unless, the Single Judge's order is perverse, we cannot stay it. Today we are not staying the Act or the Judgement. Only thing is that, we will say that - don't insist on urban service of these appellants till November 10.".The Court passed these directions while hearing an appeal challenging the decision of the state government mandating one-year compulsory training in urban areas for postgraduate and diploma medical students, after the completion of their course. .Earlier, the Bench had raised a preliminary objection to the maintainability of the appeal, stating that under the KCS Act, a "candidate" includes all students, i.e government quota students as well as management students and NRI students.."What is so superior about the management quota that you cannot do service for one year in the state? The service you will do is not for gratis, they will pay you", said the Bench..Karnataka HC to hear challenge moved by PG doctors against judgment upholding compulsory one-year urban service .Appearing for the appellants, Advocate Akkamahadevi Hiremath argued that when the doctors had taken admission in private colleges, the Act was stayed by an order passed by the High Court. Moreover, the brochures issued by the private colleges also did not mention this requirement of doing compulsory urban service by management quota or NRI students. .It was further argued that the students have paid lakhs and crores of rupees for their education and since they have not received any benefit from the state government, the dictum of 'quid pro quo' would not be applicable in their case..Hearing the submissions of the petitioner, the Bench remarked, ."You have not come from heaven because you have paid higher fees. Most of the petitioners are from Bangalore. Paying higher fees does not exclude them from rendering services to the State."Karnataka High Court.The matter will be next heard on November 11. .[Read order here].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.